An arrest warrant issued against Vice President Sara Duterte in a separate grave threats case does not mean she has been found guilty, her impeachment defense lawyer Justin Gular said Saturday.

Gular, deputy spokesperson of Duterte’s defense team, drew a distinction between the issuance of a warrant and a finding of guilt as the vice president faces the criminal case alongside her ongoing impeachment trial before the Senate.

“The matter that should be clarified is, yung pag-issue ng warrant of arrest, hindi naman po yan finding of guilt ng vice president,” Gular said in a radio interview.

“Ibig sabihin po, dahil na-issue po yung warrant of arrest, wala namang ibig sabihin na guilty siya,” he added.

The Quezon City Regional Trial Court Branch 98 issued the warrant on Friday after finding probable cause to hold Duterte for trial on three counts of grave threats. The court set bail at P120,000 for each count. Duterte posted bail on Saturday.

The charges arose from Duterte’s remarks during an online press conference in November 2024 in which she said she had instructed an assassin to kill President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos and then-House Speaker Martin Romualdez if she were killed. 

The alleged threats also form part of the impeachment case against Duterte now being tried by the Senate, making the warrant a development involving the same allegations being examined in two separate proceedings.

While declining to predict the effect of the criminal case on the impeachment trial, Gular said the public could draw its own conclusions.

“The public is entitled to make up their opinion on how this affects the impeachment proceedings,” he said.

Marathon

The 90-day period was a maximum estimate based on the witnesses the defense initially identified, Gular said. But the final presentation will depend heavily on what prosecutors ultimately put before the impeachment court.

“The only time that we will be able to determine which witnesses will have to be presented is pagkatapos naming makita kung ano na po yung kabuuan na na-present ng prosecution,” he said.

The prosecution has already reduced its own witness list, he noted, leaving open the possibility that the defense could do the same.

“That possibility can also occur with the defense,” Gular said.

The defense has nevertheless prepared for an intensive schedule, including consecutive whole-day hearings.

Unlike ordinary cases, where hearings can be separated by weeks or months, impeachment proceedings can become a sustained test of the lawyers' stamina, Gular said.

“Marathon to para sa mga abogado every day. Tapos magiging whole day pa,” he said.

The preparation extends beyond reviewing evidence and legal arguments, with the team also looking after the physical and mental well-being of its lawyers.

“We have been prepared for this eventuality,” Gular said.

As the defense plans its presentation, it has yet to decide whether Duterte herself will become one of its witnesses.

Duterte as defense witness?

Gular said the possibility of putting Duterte on the stand has never been ruled out.

“That option has always been there,” he said.

But he said the defense would make the decision only after considering the prosecution's evidence and other factors.

“Many factors will have to be considered before the defense will decide to present her, if even the defense will decide to present her. So everything is possible with respect to the vice president,” Gular said.

Whether Duterte testifies could therefore depend on how much ground the prosecution covers before it closes its presentation and what gaps, if any, the defense believes she needs to address.

Another issue that could shape the endgame is the number of votes needed to convict.

Threshold

Senator-judge Juan Miguel Zubiri has publicly discussed the possibility of reconsidering the 16-vote threshold for conviction in the impeachment trial.

The Constitution requires two-thirds of all Senate members, or 16 of 24 senators, to convict an impeached official.

Gular said the defense would treat the issue as an internal matter among senators unless it is formally brought before the impeachment court.

“If this matter will be brought up sa impeachment court, you can expect of course something from the defense,” he said.

He declined to offer a constitutional opinion on whether the threshold could legally be lowered, saying his position as Duterte's counsel could make such a view appear partisan.

“There are conflicting views,” he said, referring to the legal debate over the issue and urging the public to consider the views of legal experts.###